Tribunal rejects Moonsamy's late bid to pursue complaint over allegedly rebuilt Ford Ranger
A National Consumer Tribunal application was refused after the tribunal found it could not hear a complaint already excluded by section 116 of the Consumer Protection Act.
The National Consumer Tribunal has rejected a late application from a consumer seeking permission to pursue a complaint against Lima Cars. The complainant, P Moonsamy, alleged that a used Ford Ranger he purchased for R283,000 was written off and repaired without disclosure. The vehicle reportedly had over 30 electrical faults, missing airbags, misaligned body panels and mismatched paintwork.
Moonsamy had previously complained to the Motor Industry Ombudsman of South Africa and initiated civil legal action. He lodged a complaint with the National Consumer Commission on August 23, 2023, but it was deemed non-referrable to the tribunal as Lima Cars was already a respondent in another proceedings under the Consumer Protection Act.
Moonsamy then approached the tribunal 18 months later, but his application was refused due to the legal effect of the NCC's non-referral notice. The tribunal ruled that Moonsamy has no reasonable prospect of obtaining leave to refer the complaint as the Section 116 ground relied on by the NCC cannot be reviewed.
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